LR 5.3

U.S. District Court for the Western District of Kentucky

Rule Set: Local Rules of the U.S. District Court for the Western District of Kentucky

Rule: 5.2

Jurisdiction: WDKY

Bluebook Citation: W.D. Ky. L.R. 5.2

All Rules: W.D. Ky. Local Rules, complete index


Text

Preparation of Process (a) Summons to Alleged Bankrupts; Subpoenas to Witnesses; Certificates of Judgment; Generally. Subject to current availability, the Clerk will make available reasonable supplies of blank official process forms. Any attorney B or any party proceeding pro se B who requests the issuance of process must prepare and present to the Clerk for signature and sealing all necessary forms, including the following: (1) Summons; (2) Warrants of Seizure and Monition; (3) (4) (5) (6) Writs of Execution; (7) (8) (9) (10) U.S. Marshal's Form 285; and (11) Notice of Stipulation to Magistrate Judge's Jurisdiction. Time for Completion.

The Clerk must accept for filing any pleading or document tendered even if it is not accompanied by the appropriate forms. If the pleading is not accompanied by the appropriate forms, the attorney or party filing the pleading must comply with this rule within seven (7) working days of filing the pleading. If counsel or the party fails to comply with this order within seven (7) working days of filing the pleading, the Court will issue an order requiring the party to show cause why the pleading should not be stricken. Orders of Sale; All Process in Garnishment or Other Aid in Execution; Civil Cover Sheet; (b) Place of Filing Pleadings, Written Motions, and Other Papers Pleadings, written motions, and other papers not filed electronically may be filed in any of the divisional offices of the Clerk for the district in which the action is filed or pending.

Format of Pleadings, Written Motions, and Other Papers All pleadings, written motions, and other papers filed with the Court must be in size 8½ x 11 inch page format with margins of at least one inch on all sides, with text double spaced (except for appropriate block quotes, headings, and footnotes), in at least 12-point proportionately-spaced font. Pro Se Actions (a) Generally. The following papers should be written on court-supplied forms, signed and verified: (1) (2) Pro se writ of habeas corpus filed under 28 U.S.C. § 2254; and Pro se motions attacking a conviction or sentence filed under 28 U.S.C. § 2255. Pro se civil rights complaints filed under 42 U.S.C. § 1983; and Pro se civil rights complaints filed under the authority of Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).

(3) (4) 4 (b) (c) (d) (e) Papers Not on Court-Supplied Forms. If a pro se litigant submits a paper identified in (a) above that is not on a court-supplied form, the Clerk will accept the paper for filing and forward it to an appropriate judicial officer for review. If directed by the appropriate judicial officer, the Clerk shall provide sufficient copies of the prescribed form, and instructions for preparing the form, to the pro se litigant along with directions to file the petition on the appropriate court-supplied form within thirty (30) days thereafter. When required to do so, a pro se litigant’s failure to file his or her petition on a court-supplied form within thirty (30) days may result in the dismissal of the litigant’s case or other appropriate sanctions.

Filing. Pleadings, written motions, and other papers in pro se cases must be addressed to the Clerk. A pleading, motion, or other paper addressed to an individual judge will be directed to the Clerk for assignment. Disclosure of Contact Information; Sanctions.

All pro se non-prisoner litigants must include, if available, in the caption of the litigant's first filing, the litigant's current telephone number, e-mail address, residential address, and, if different, mailing address. All pro se prisoner litigants must include in every pleading, written motion, and other paper the prisoner’s inmate number and current mailing address. Failure to provide the required information upon request may result in the dismissal of the litigant's case or other appropriate sanctions. Notification of Change in Address; Sanctions.

All pro se litigants must provide written notice of a change of residential address, and, if different, mailing address, to the Clerk and to the opposing party or the opposing party's counsel. Failure to notify the Clerk of an address change may result in the dismissal of the litigant's case or other appropriate sanctions.

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